By Omar Bah
American human rights lawyer and long‑time prosecutor of dictators, Reed Brody, has said former president Yahya Jammeh can legally be prosecuted in Banjul, provided the National Assembly signals its approval.
Reacting to government’s decision to appoint British lwyer Martin Hackett as special prosecutor to try Jammeh-era crimes, Brody, who has represented victims of Jammeh’s 22‑year rule and works closely with the International Commission of Jurists (ICJ), insisted there is now a clear constitutional and judicial pathway to bring Jammeh to trial in Banjul.
He argued that the Gambian constitution already allows criminal proceedings against a former president if the National Assembly passes a resolution supporting such a prosecution.
Under Article 69 of the 1996 Constitution (as amended), a criminal court may only try a former president for acts committed while in office if at least two‑thirds of the members of the National Assembly approve proceedings “in the public interest”.
Further commenting on the appointment, Reed added: “This is potentially a turning point. The TRRC did extraordinary work. Witnesses with first-hand knowledge tied Jammeh personally to killings and torture, to the murder of 59 West African migrants, and to the so-called witch-hunts. They also testified that Jammeh raped and sexually assaulted women and ran a sham HIV treatment programme. The TRRC’s detailed final report recommended prosecuting Jammeh and 69 others. But a truth commission cannot put anyone in prison. For years, victims have been waiting for that next step. Now, for the first time, there is someone whose sole professional responsibility is to prosecute these crimes. That is a fundamental shift.”
On what next, Reedy advised that the government immediately move into action to mobilise resources.
“What needs to happen immediately is simple: resources. The Special Prosecutor’s Office must be properly staffed and funded from day one, with guaranteed independence from political interference. Martin Hackett is expected to arrive before the end of the month — that’s the right urgency.”
He added that the prosecutor “can now bring cases before the Gambian courts, including the new Special Criminal Division of the High Court, while the money is found to operationalise the hybrid Ecowas Tribunal.”
“The Ecowas Tribunal would be the right forum for a trial of Yahya Jammeh himself, but he could also be tried in the high court if the National Assembly deems it in the public interest by a two-thirds vote.”
Commenting on the nationality question of the Special Prosecutor, Reedy argued: “This is a legitimate conversation, and I understand why some Gambians raise it. We saw extraordinary Gambian legal talent at the TRRC, and there are real advantages to having prosecutors who know the culture, the language, and the context. At the same time, international tribunals have long demonstrated the value of a dispassionate outsider without local political entanglements.”
He stated that the special prosecutor is also slated to be the prosecutor of the Ecowas Tribunal if and when it’s created.
“The key point is that this was not a political appointment made behind closed doors. It was the outcome of a rigorous, Gambian-led independent selection process. I have to trust that panel chose the strongest candidate. What matters now is not where Hackett is from, but whether he gets the support he needs to do the job. I don’t know Martin Hackett personally, but he certainly has the right background. He has prosecuted complex war crimes, handled command responsibility cases, and worked with survivors of sexual violence at the international level. Those are exactly the skills this job demands.
